BILL NUMBER: SB 309	CHAPTERED  07/22/99

	CHAPTER   138
	FILED WITH SECRETARY OF STATE   JULY 22, 1999
	APPROVED BY GOVERNOR   JULY 21, 1999
	PASSED THE SENATE   JULY 8, 1999
	PASSED THE ASSEMBLY   JUNE 30, 1999
	AMENDED IN ASSEMBLY   JUNE 16, 1999
	AMENDED IN ASSEMBLY   JUNE 10, 1999
	AMENDED IN ASSEMBLY   MAY 27, 1999

INTRODUCED BY   Senator Baca
   (Coauthor:  Senator Johannessen)
   (Coauthors:  Assembly Members Granlund, Longville, Olberg, and
Soto)

                        FEBRUARY 4, 1999

   An act to amend Section 77212.5 of, to repeal and add Section
72115 of, and to repeal Section 26669 of, the Government Code,
relating to court services, and declaring the urgency thereof, to
take effect immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 309, Baca.  Court security services:  San Bernardino County.
   (1) Existing law provides for the consolidation of services
provided by the sheriff's office and the marshal's office with
respect to the courts in San Bernardino County.
   This bill would repeal those provisions and would instead
authorize the Board of Supervisors of San Bernardino County to
commence public hearings regarding the consolidation of court
services in San Bernardino County no later than 30 days after the
effective date of this bill, concurrent with an advisory election
among the judges of the consolidated courts of the county.  The bill
would also provide that the board of supervisors may elect to abolish
the marshal's office in San Bernardino County assigning the duties
of court services to the office of the sheriff.  If the board of
supervisors elects to abolish the marshal's office the duties and
staff of the marshal's office would be merged into the sheriff's
department.  The bill would provide that if the board determines to
abolish the marshal's office and transfer the duties of the marshal's
office to the sheriff's office, the abolishment of the office and
the transfer of those duties must be completed within 30 days of that
determination.  The bill would also specify the method for the
assignment of bailiffs and the employment of personnel of the marshal'
s office and the sheriff's office following any abolition and
consolidation.
   (2) Existing law requires, commencing on July 1, 1999, and
thereafter, the trial courts of each county in which court security
services are otherwise required by law to be provided by the sheriff'
s department to enter into an agreement with the sheriff's department
that was providing court security services as of July 1, 1998,
regarding the provision of court security services.
   This bill would require, commencing on July 1, 1999, and
thereafter, the trial courts of San Bernardino County in which court
security was provided by the marshal's office as of July 1, 1998, to
enter into an agreement regarding the provision of court security
services with the successor sheriff's department if the marshal's
office is abolished, thus establishing a state-mandated local
program.
   However, rather than the above changes, this bill would only make
the changes to Section 77212.5 of the Government Code, as proposed by
SB 1196, if SB 1196 is enacted and becomes effective prior to this
bill.
   (3) The bill would state that these provisions constitute
necessary special legislation.
  (4) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   (5) The bill would declare that it is to take effect immediately
as an urgency statute.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 26669 of the Government Code is repealed.
  SEC. 2.  Section 72115 of the Government Code is repealed.
  SEC. 3.  Section 72115 is added to the Government Code, to read:
   72115.  (a) Notwithstanding any other provision of law, the Board
of Supervisors of San Bernardino County may, no later than 30 days
after the effective date of this section, commence public hearings
regarding the abolition of the marshal's office and the transferring
of court-related services provided by the marshal within the county
to the sheriff's department.  Within 30 days of the commencement of
public hearings as authorized by this section, the board shall make a
final determination as to the most cost-effective and most efficient
manner of providing court-related services.
   (b) Concurrently, an election may be conducted among all of the
judges of the Consolidated Courts of San Bernardino County to provide
an advisory recommendation to the board of supervisors on the
abolition of the marshal's office and the transferring of
court-related services provided by the marshal within the county to
the sheriff's department.  The outcome shall be determined by a
simple majority of votes cast.  The vote of the judges shall then be
forwarded to the board of supervisors prior to the close of the
public hearing, and the board of supervisors shall take into
advisement the recommendation of the judges provided by the election
report.
   (c) If the board determines to abolish the marshal's office and
transfer the duties of the marshal to the sheriff's office, the
abolishment of the office and the transfer of those duties shall be
completed within 30 days of that determination.
   (d) The courtroom assignment of bailiffs after abolition of the
marshal's office and the consolidation pursuant to this section shall
be determined by a two-member committee comprised of the presiding
judge of the consolidated court and the sheriff, or their designees.
Any new bailiff assignments shall be made only after consultation
with the affected judge or commissioner in whose courtroom a new
assignment is planned.
   It is the intent of the Legislature, in enacting this subdivision,
to ensure that courtroom assignments are made in a manner which best
assures that the interests of the affected judge or commissioner and
bailiff are protected.
   (e) Notwithstanding any other provision of law, the marshal and
all personnel of the marshal's office affected by the abolition of
the marshal's office in San Bernardino County shall become employees
of the sheriff's department at their existing or equivalent
classification, salaries, and benefits, and, except as may be
necessary for the operation of the agency under which court-related
services and the service of civil and criminal process are
consolidated, they shall not be involuntarily transferred out of the
consolidated office for a period of five years following the
consolidation.
   (f) Personnel of the abolished marshal's office shall be entitled
to request an assignment to another division within the sheriff's
department, and that request shall be reviewed in the same manner as
any other request from within the department.  Persons who accept a
voluntary transfer from the court services/civil division shall waive
their rights pursuant to subdivision (e).
   (g) Permanent employees of the marshal's office on the effective
date of the abolition of the marshal's office pursuant to this
section shall be deemed to be qualified, and no other qualifications
shall be required for employment or retention.  Probationary
employees of the marshal's office on the effective date of a
consolidation pursuant to this section shall retain their
probationary status and rights, and shall not be deemed to have
transferred so as to require serving a new probationary period.
   (h) All county service or service by employees of the marshal's
office on the effective date of a consolidation pursuant to this
section shall be counted toward seniority in the consolidated office,
and all time spent in the same, equivalent, or higher classification
shall be counted toward classification seniority.
   (i) No employee of the marshal's office on the effective date of a
consolidation pursuant to this section shall lose peace officer
status, or otherwise be adversely affected as a result of the
abolition and merger of personnel into the sheriff's department.
  SEC. 4.  Section 77212.5 of the Government Code is amended to read:

   77212.5.  (a) Commencing on July 1, 1999, and thereafter, the
trial courts of each county in which court security services are
otherwise required by law to be provided by the sheriff's department
shall enter into an agreement with the sheriff's department that was
providing court security services as of July 1, 1998, regarding the
provision of court security services.
   (b) Commencing on July 1, 1999, and thereafter, the trial courts
of a county of the seventh class in which court security was provided
by the marshal's office as of July 1, 1998, shall, if the marshal's
office is abolished, enter into an agreement regarding the provision
of court security services with the successor sheriff's department.

  SEC. 4.5.  Section 77212.5 of the Government Code is amended to
read:
   77212.5.  (a) Commencing on July 1, 1999, and thereafter, the
trial courts of each county in which court security services are
otherwise required by law to be provided by the sheriff's department
shall enter into an agreement with the sheriff's department that was
providing court security services as of July 1, 1998, regarding the
provision of court security services.
   (b) Commencing on July 1, 1999, and thereafter, the trial courts
of a county in which court security was provided by the marshal's
office as of July 1, 1998, shall, if the marshal's office is
abolished, enter into an agreement regarding the provision of court
security services with the successor sheriff's department.
  SEC. 5.  Due to unique facts and circumstances applicable to San
Bernardino County, the Legislature finds and declares that a general
statute cannot be made applicable within the meaning of Section 16 of
Article IV of the California Constitution.  Special legislation is,
therefore, necessarily applicable to only San Bernardino County.
  SEC. 6.  Section 4.5 of this bill shall only become operative if
(1) this bill and SB 1196 are both enacted and become effective on or
before January 1, 2000, (2) each bill amends Section 77212.5 of the
Government Code, and (3) this bill is enacted after SB 1196, in which
case Section 77212.5 of the Government Code, as amended by SB 1196,
shall remain operative only until the operative date of this bill, at
which time Section 4.5 of this bill shall become operative, and
Section 4 of this bill shall not become operative.
  SEC. 7.  Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
  SEC. 8.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect.  The facts constituting the necessity are:
   In order to ensure the efficient operation and provision of
court-related services in San Bernardino County, it is necessary for
this act to take effect immediately.
